Law:

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Constitution of Pakistan (1973)-----Art. 185(3)--West Pakistan Land Reforms Regulation, 1959 (M.L.R. 64), para. 25(1)--Pre-emption--Views of trial Court and High Court that transaction of sale of land in dispute was not hit by provision of para. 25(1) of M.L.R. 64 found to be in accord with law and facts--No ground for interference made out--Leave to appeal refused. Muhammad Mahmood Bhatti, Advocate Supreme Court instructed by Sh. Abdul Karim, Advocate-on-Record for Petitioners. Date of hearing: 10th January, 1983. ORDER M.S.H. QURAISHI, J.-- The petitioners seek leave to appeal from the order of the High Court, dated 29-10-1976, whereby the High Court accepting the respondents' Regular First Appeal set aside the judgment and decree of the trial Court and decreed their suit. 2. The suit had been filed by the respondents/ plaintiffs for specific performance of an agreement to sell land measuring 286 Kanals 11 Marlas, or if the specific performance could not be decreed, for the refund of the consideration amount of Rs. 40,000. The agreement had been entered into between the plaintiffs and Syed Masood Samie the deceased predecessor-in-interest of the petitioners and on the basis of that transaction Mutation No. 1064 had been entered on 28-2-1966. By another transaction, the said Syed Masood Samie had alienated the rest of his land, measuring 317 Kanals 3 Marlas in favour of his sons, evidenced by Mutation No. 1033. A suit to pre-empt the transaction was filed by petitioner No. 1 but in the meantime both the mutations were cancelled by the Land Commission authorities upon the view that the same were violative of the provisions of M.L.R. 64. In view of this situation, the pre-emption suit was dismissed. In the present suit, a number of points were raised including that the transaction was void by virtue of M.L.R. 64 and that if the economic holding of 400 Kanals was to be kept back, then an area of 199 Kanals 14 Marlas only would be left. It is to be noted that the plaintiffs even applied to the trial Court that if the whole contract could not be enforced, then the excess land, that is, 199 Kanals 14 Marlas, be transferred to them in part performance of the…

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